| The legal approach of the union is concerned on the theoretical logic of trade unionism and specific institutional evolution. Theoretical logic of western union is generated on: free association of workers’ rights- conflict intensification capitalist and labor under capitalism – workers’ union- the trade union created. It adhere to explain the original trade unions with the conception of liberal rights for western union theories, and the logical points of the unions is the free rights of workers’ association or labor. From the perspective that requirement is the right,it is reasonable that the need of changing vulnerable members by the means of workers’ union interpretes a certain right. However, from another the deeper view of economic’ factors rights, the created trade union is a result from the failure of produce and labor relations allocation in the market. Therefore, from the "market failure" point, the logic of union generated should be: labor conflicts(market failure)- produce union(relief organization). Meanwhile, as a society organization, it failed on operation itself for trade unions and other "organizational failures" phenomenons, such as the trade union movement to hinder economic development. In the view of the "market failure" and "organizational failures",the government’ macro-control has become the title proper meaning for union.It agrue that there is no contradiction between labor and capitalist in current fundamental opposition socialist China for Chinese union’ s theory, adhering to the "interests of the consistent theory" as an explanation of the theoretical basis of the existing trade unionism, representative for the "two-for" for the institutional level, and "double maintenance" functions to build. But facing the fact that Chinese trade unions safeguard badly the interests of workers, it weakens the real reality of the explanatory power of the theory. Therefore, it is necessary from the "market failure" and "organizational failures" point of reinterpreted legal legitimacy of the union-controlled country. In order to improve the market system of relief subject qualification union labor to build a fair competitive environment and reinforce the "market failure" and "organizational failures" to play the basic role of the market well in the field of labor relations. China starts to build a basic understanding of trade unionism. Accordingly, we propose to establish a market-oriented in order to fully empower union, improve the qualification of the union as a precondition market and led by the national macro-control system of the union.The paper is divided into three parts, including introduction, body consisting of four parts and conclusion,The first part is an introduction and mainly literature review Western union theory. There is an analysis of the theoretical framework that Western scholars have analyzed different understanding of the trade unionism. The union finds that Western legal theory approach to the union of different perceptions.The second part is the logical starting point of this article discussed. Understanding Western union rights theory liberal outlook on trade union law into the road, right under the cloak to reveal the logical origin union is "market failure" of the essence. Objective understanding of the origin of the union- the fact that labor conflicts, is essentially the product of market failure. That market failure in the distribution segment of the market economy, leading to uneven distribution of labor interests, intensify labor conflicts. Union workers as a social emergency mechanism for market failure is the social organization of the market failure of self-help. Therefore, the real logic of the union produced are: labor conflicts(market failure)- produce union(relief organization).The third part continues to analyze the union to correct market failures, while their organizational failures phenomenon exists, the national macro-control on the unions to provide a legal justification. As a social organization for union, at the same time regulating the market failure itself, there are "organizational failures" phenomenons. Including the failure of the operation itself, hinder economic development and social stability of the threats. "Market failure" and "organizational failure" is the state-controlled trade union development, conduct legal basis of macro-control.The fourth part is a reflection of China’s trade union law approach. Our legal approach of theoretical dilemma unions mainly is in the "interests of the consistent theory of" lack of labor conflicts, the reality of the market economy explanatory power. Not facing the economic development of the capital market for labor is the "residual value" exploitation of the economic law. Institutional dilemma lies: "capital priority" union tactics is being more serious challenge to labor conflicts, and the party- state relations disputes hinder the realization of the basic functions of trade unions. At the same time, the existing trade union reform ignores the dominant position of the worker for action awareness and ability to act.The fifth part is the focus of this article, talking about in the new normal, Chinese union organizations from addressing market failures and the organization failures point of view how to achieve a theory and specific systems breakthrough. On the basic of introspecting the union law approach’s difference and defects between China and western countries, further analysis under the dual pressures of the economic downturn in China’s economic development and human rights protection faced by unions, further market-oriented employment system, the new normal of new concept’s impact of world labor movement, such as the of the. Propose to establish a market-oriented, full empowered for unions, led by the national macro-control union system.Market-oriented system reflectes on the union’s goal: ensuring the laws of the market economy plays well a fundamental role in the field of labor relations. Playing the role of the market and the need of rational allocation of rights and obligations of market players establishes and improves labor competition rules. For the rights and obligations of market players configuration, currently the most important is to empower unions to improve the ability of trade unions to protect workers’ rights and bargaining power with capital. Namely, the establishment of the market subject to other conditions. Macro-control is required to control the rules of market economy based on market players change to improve the rights and obligations of market players configuration and establish fair market rules. |
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